Penal Code 851.91 lets a person seal an arrest that did not result in a conviction, so a DUI arrest that was dismissed, never charged, or ended in acquittal does not follow you. I am Joel Brand, and here is how arrest sealing works and when it applies.
The text of the law
Penal Code 851.91(a)(1). For purposes of this section, an arrest did not result in a conviction if any of the following are true: (A) The statute of limitations has run on every offense upon which the arrest was based and the prosecuting attorney of the city or county that would have had jurisdiction over the offense or offenses upon which the arrest was based has not filed an accusatory pleading based on the arrest. (B) The prosecuting attorney filed an accusatory pleading based on the arrest, but, with respect to all charges, one or more of the following has occurred: (i) No conviction occurred, the charge has been dismissed, and the charge may not be refiled. (ii) No conviction occurred and the arrestee has been acquitted of the charges. (iii) A conviction occurred, but has been vacated or reversed on appeal, all appellate remedies have been exhausted, and the charge may not be refiled.
What sealing accomplishes
Section 851.91 allows a person who was arrested but not convicted to petition the court to seal the arrest record. When granted, the arrest is sealed as a matter of law, meaning it is not disclosed in most background checks and the person can generally state, in answer to most questions, that the arrest never happened. This is distinct from expungement under Penal Code 1203.4, which applies after a conviction; sealing under 851.91 applies precisely when there was no conviction at all.
When an arrest qualifies
The statute spells out exactly when an arrest "did not result in a conviction" and is therefore eligible. As subdivision (a)(1) provides, this includes situations where the charge was dismissed and cannot be refiled, where the person was acquitted, where the statute of limitations ran without charges being filed, or where a conviction was vacated or reversed and cannot be retried. In the DUI context, that covers a case that was dropped, never filed after arrest, or won at trial. If your DUI arrest ended without a standing conviction, it is very likely a candidate for sealing.
Why a DUI arrest record matters
Even without a conviction, an arrest record can cause real harm. It can surface in employment background checks, professional licensing, and housing applications, and an arrest, however it was resolved, can raise questions that are difficult to explain. Sealing removes that lingering shadow, so that a DUI arrest which never led to a conviction does not quietly hold you back. For many people, clearing an arrest that should never have defined them is an important step toward moving on.
Relief as a matter of right versus discretion
For most qualifying arrests, sealing is available as a matter of right, meaning the court must grant it once eligibility is shown. There are limited exceptions, for instance for certain patterns of domestic-violence or other specified offenses, where sealing is instead discretionary and requires showing that sealing serves the interest of justice. A DUI arrest that ended without conviction ordinarily falls in the as-of-right category, which makes the petition relatively straightforward when the eligibility facts are clear.
How the process works
I confirm that the arrest qualifies under the statute, then prepare and file a petition to seal in the appropriate court, serving the prosecuting agency. Where the relief is as of right, the main task is establishing eligibility cleanly; where it is discretionary, I present the equities supporting sealing. Once granted, the court orders the arrest sealed, and the record is updated accordingly. For a DUI arrest that was dismissed or won, the path is usually direct.
Sealing versus expungement
It is worth keeping the two remedies straight. Sealing under 851.91 is for arrests without a conviction, and it effectively makes the arrest disappear from most view. Expungement under 1203.4 is for cases that ended in a conviction after probation, and it sets the conviction aside while leaving certain DUI-specific consequences in place. Which remedy applies depends entirely on how your case ended, and identifying the right one is the starting point.
Pairing it with a strong defense
The best route to a sealable arrest is, of course, a case that ends without a conviction in the first place, which is exactly what a strong defense aims to achieve. When I win a dismissal or an acquittal by attacking the stop, the testing, or the impairment evidence, sealing the arrest afterward completes the job, leaving the client with a clean record rather than a lingering arrest. I view sealing as the final step that locks in a favorable result.
Timing and why prompt action helps
There is no need to wait years to seal a qualifying arrest; once the case has ended without a standing conviction, the petition can generally be brought right away. Acting promptly matters because the arrest record is doing its quiet damage the whole time it remains visible, surfacing in background checks for jobs, housing, and licensing. The sooner the arrest is sealed, the sooner that exposure ends. I encourage clients whose DUI cases were dismissed or won to pursue sealing without delay, rather than leaving an arrest on the record that the law allows them to clear. For an eligible arrest, there is little reason to wait and a real benefit to moving quickly.
How it fits the larger picture
Arrest sealing is the post-resolution step for cases that ended without a conviction, distinct from the defense to the charge, which centers on the lawfulness of the stop and the reliability of the chemical testing. It pairs with conviction-based expungement under 1203.4. See my top DUI defenses and the defenses guide.
Want to seal a DUI arrest? Let's talk.
If your arrest did not lead to a conviction, sealing may be available, and handling it is exactly what I do. Use the free case analysis on this page, or call me directly at (888) 271-6644. I answer my own phone, 24/7.